INTERPOL and the tax man

Estlund Law, P.A.
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A reader recently sent in the following questions:

Can you tell me would the IRS issue a diffusion notice in a civil tax audit involving offshore banking? Would Interpol even accept a diffusion notice on a non criminal case? And if so what does that mean to a person travelling?

The reader rightly questions whether INTERPOL would become involved in a civil matter, and it would not.  INTERPOL exists primarily for the purpose of assisting its member countries in bringing criminal subjects to justice, and its rules require a minimum sentence for a crime to qualify for circulation in INTERPOL’s databases.  INTERPOL does also circulate notices regarding individuals who are subjects of interest to criminal investigations; missing persons; and unidentified bodies, but all notices contain crime-related information.

However, if a case has both a civil element and a legitimate criminal element, INTERPOL may become involved in the matter.  For instance, if a tax audit reveals evidence of tax evasion or tax fraud, it would be reasonable to expect that criminal charges may follow.  In that case, a Red Notice may be issued for a person who is believed to have fled the jurisdiction.

Regarding the reader’s question about travel: if a Red Notice is issued due to a pending criminal case, then detention and extradition become possible.

As always, thoughts and comments are welcomed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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